Bob Franken discusses federal court's role in vote battles

November 23, 2000
Web posted at: 10:09 p.m. EST (0309 GMT)

CNN National Correspondent Bob Franken is keeping watch on the Supreme Court, where attorneys for George W. Bush are seeking to stop the hand recounts of ballots in three Florida counties and block the results from being added to Florida's final tally.

Q: What is each side seeking from the U.S. Supreme Court?

Bob Franken

FRANKEN: As expected, Al Gore filed his response to the George W. Bush claims that the Supreme Court needed to immediately act because the Florida hand recounts were unconstitutional. The Gore people have claimed in their response that in fact the Constitution favors their side.

The Supreme Court, on occasion, has bypassed the normal appeals process and done what the Bush people are asking, which is, in the name of urgent time problems, an immediate or very quickly expedited appeal.

Q: What are the possible outcomes?

FRANKEN: The Supreme Court can decide to reject the Bush claims that this belongs in the federal court system and immediately before the Supreme Court. Or they can immediately take action. Or they can say this belongs in the normal process.

At the moment, the case is being considered by the 11th Circuit Court of Appeals in Atlanta. So if the Supreme Court takes no action, the issue would remain in the appeals court.

Q: What is the process to file with the high court on a holiday?

FRANKEN: There is a skeleton staff there to receive and stamp material. And then in all probability it is being faxed or delivered to each justice wherever they are. It takes four of the nine justices to agree to hear the case.

About the only deadline in this filing is December 18, when the Electoral College is scheduled to file its votes.

Q: Why would the Supreme Court accept this case?

FRANKEN: The question is whether presidential elections are a state or federal matter. The Democrats are arguing that under Article 2 of the Constitution, the matter is strictly a state question. The Republicans cite the First and Fourth Constitutional Amendments and argue that because only some of the counties are conducting recounts, the rest of the people in Florida are not getting equal protection under the law as guaranteed under the Constitution.

The general expectation is that the Supreme Court will turn down the litigation. Among other things, five of the justices are strong advocates of states' rights over federal involvement.